NC0028975_LV20170101_20170404

Certified Mail # 7015 1520 0003 5463 4699
Return Receipt Requested
April 04, 2017 RMIVEDONCOEOIDWR
Fred Baisden APR 0 7 2017
City of Saluda �waterQuality�
PO Box 248
Saluda, NC 28773-0248
SUBJECT: Notice of Violation and Assessment of Civil Penalty
for Violations of North Carolina General Statute (G.S.) 143-215.1(a)(6)
and NPDES WW Permit No. NCO028975
City of Saluda
Saluda WWTP
Case No. LV -2017-0101
Polk County
Dear Permittee:
This -liter: tansmits a Notice d Violatierr%atid assessnilent of civil enal_ ;,ii�.the_amQunt,of;$216:62 $10Q.(i0 iv 1; anal +. ;
$116.62 enforcement costs) against, City of Saluda.
This assessment is based upon the following facts: a review has been conducted of the discharge monitoring report (DMR)
submitted by City of Saluda for the month of October 2016. This review has shown the subject facility to be in violation of
the discharge limitations and/or monitoring requirements found in NPDES WW Permit No. NC0028975. The violations,
which occurred in October 2016, are summarized in Attachment A to this letter.
Based upon the above facts, I conclude as a matter of law that City of Saluda violated the terms, conditions or requirements
of NPDES WW Permit No. NCO028975 and G.S. 143-215.1(a)(6) in the manner and extent shown in Attachment A. In
accordance with the maximums established by G.S. 143-215.6A(a)(2), a civil penalty may be assessed against any person
who violates the terms, conditions or requirements of a permit required by G.S. 143-215.1(a).
Based upon the above findings of fact and conclusions of law, and in accordance with authority provided by the Secretary
of the Department of Environmental Quality and the Director of the Division of Water Resources, I, G. Landon Davidson,
P.G., Regional Supervisor, Asheville Regional Office hereby make the following civil penalty assessment against City of
Saluda:
State of North Carolina I Environmental Quality I Water Resources
2090 U.S. 70 Highway, Swannanoa, NC 28778
828-2964500

r
$100.00 1 of the 1 violations of 143-215.1(a)(6) and Permit No.NC0028975, by discharging waste water into
the waters of the State in violation of the Permit Weekly Average for BOD - Cone.
$100.00 TOTAL CIVIL PENALTY
$116.62 Enforcement Costs
$216.62 TOTAL AMOUNT DUE
Pursuant to G.S. 143-215.6A(c), in determining the amount of the penalty I have taken into account the Findings of Fact and
Conclusions of Law and the factors set forth at G.S. 143B -282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
(8) The cost to the State of the enforcement procedures.
Within thirty (30) days of receipt of this notice, you must do one of the following:
(1) Submit payment of the penalty, OR
(2) Submit a written request for remission, OR
(3) Submit a written request for an administrative hearing
Option 1: Submit payment of the penalty:
Payment; should be'4nade ulirecdy--to the: order of the Department of Environmental Quality'(do not include waiver•
form). Payment of the penalty will not foreclose further enforcement action for any continuing or new violation(s).
Please submit payment to the -attention of:
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

1 1
Option 2: Submit a written request for remission or, mitigation including a. detailed justification for such request:
Please be aware that a request for remission is limited to consideration of the five factors listed below as they may
relate to the reasonableness of the amount of the civil penalty assessed. Requesting remission is not.the proper
procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual statements contained in
the civil penalty assessment document. Because a remission request forecloses the option of an administrative hearing,
such a request must be accompanied by a waiver of your right to an administrative hearing and a stipulation and
agreement that no factual or legal issues are in dispute. Please prepare a detailed statement that establishes why you
believe the civil penalty should be remitted, and submit it to the Division of Water Resources at the address listed below.
In determining whether a remission request will be approved, the following factors shall be considered:.
(1) whether one or more of the civil penalty assessment factors in NCGS 143B -282.1(b) was wrongfully
applied to the detriment of the petitioner;
(2) whether the violator promptly abated continuing environmental damage resulting from the violation;
(3) whether the violation was inadvertent or a result of an accident;
(4) whether the violator had been assessed civil penalties for any previous violations; or
(5) whether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.
Please note that all evidence presented in support of your request for remission must be submitted in writing. The
Director of the Division of Water Resources will review your evidence and inform you of his decision in the matter of
your remission request. The response will provide details regarding the case status, directions for payment, and
provision for further appeal of the penalty to the Environmental Management Commission's Committee on Civil Penalty
Remissions (Committee). Please be advised that the Committee cannot consider information that was not part of the
original remission request considered by the Director. Therefore, it is very important that you. prepare a complete and
thorough statement in support of your request for'remission.
In order to request remission, you must complete and submit the enclosed "Request for Remission of Civil Penalties,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form within thir1y(30) days of receipt of this
notice. The Division of Water Resources also requests that you complete and submit the enclosed "Justification for
Remission Request."
Both forms should be' submitted to the following address: -
Wastewater Branch
Division of Water Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1617

Option 3: File a petition for an administrative hearing with the Office of Administrative Hearings:
If you wish to contest any statement in the attached assessment document you must file a petition for an administrative
hearing.. You, may obtain the,.petition form from the Office of Administrative Hearings. You must file the petition with
the Office of Administrative Hearings within thirty (30) days of receipt of this notice. A petition is considered filed
when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of .8:00 a.m. and 5:00 p.m.,, except for official state
holidays. The petition may be filed by facsimile (fax) or electronic mail by an attached file (with restrictions) - provided
the signed original, one (1) copy and a filing fee (if a filing fee is required by NCGS §150B-23.2) is received in the
Office of Administrative Hearings within seven (7) business days following the faxed or electronic transmission. You
should contact the Office of Administrative Hearings with all questions regarding the filing fee and/or the details of the
filing process.
The mailing address and telephone and fax numbers for the Office -of Administrative Hearings are as follows:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Tel: [phone]
Fax: [phone]
One (1) copy of the petition must also be served on DEQ as follows:
Mr. William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, North Carolina 27699-1601
Please indicate the case number (as found on page one of this letter) on the petition.
Failure to exercise. one.of.the options:above-within thirty (30) days of receipt of this letter, as evidenced by an internal
`..date/time reeeived stamp (not a postmark); 11 esult in this matter being referred to the Aitorriey'Gerieral`s Office foi°=
collection of the penalty through a civil action. Please be advised that additional penalties may be assessed for violations
that occur after the review period of this assessment.
If you have any questions, please contact Janet Cantwell with the Division of Water Resources staff of the Asheville
Regional Office at [phone] or via email [e-mail].
Sincerely,
G. Landon Davidson, P.G., Regional Supee
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ
ATTACHMENTS
Cc: WQS Asheville Regional Office - Enforcement File
NPDES Compliance/Enforcement Unit - Enforcement File
KACE Inc./ ORC
G:i4VR'�WQ\Polk',Wastewater\bfunicipallSnluda NVW'T'V 2897511-V-2017-010I.rtf

Case Number: LV -2017-0101
Assessed Party: City of Saluda
Permit No.: NC0028975
JUSTIFICATION FOR REMISSION REQUEST
County: Polk.
Amount Assessed: $216.62
Please use this form when requesting remission of this civil penalty. You must also complete the "Request For Remission,
Waiver of Right to an Administrative Hearing, and Stipulation of Facts" form to request remission of this civil penalty.
You should attach any documents that you believe support your request and are necessary for the Director to consider in
evaluating your request for remission. Please be aware that a request for remission is limited to consideration of the five
factors listed below as they may relate to the reasonableness of the amount of the civil penalty assessed. Requesting
remission is not the proper procedure for contesting whether the violation(s) occurred or the accuracy of any of the factual
statements contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 14313-282.1(c), remission of a civil
penalty may be granted only when one or more of the following five factors apply. Please check each factor that you
believe applies to your case and provide a detailed explanation, including copies of supporting documents, as to why the'
factor applies (attach additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 14313-282.1(b) were wrongfully applied to the
detriment of the petitioner (the assessment factors are listed in the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the violation (i.e., explain the
steps that you took to correct the violation and prevent future occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the violation was unavoidable or
something you could not prevent or prepare for);
_ , (d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary remedial actions (i. e., explain
how payment of the civil penalty will prevent you from performing the activities necessary to achieve
compliance).
EXPLANATION:

STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY
COUNTY OF POLK
1N THE MATTER OF ASSESSMENT ) WAIVER OF RIGHT TO AN
OF CIVIL PENALTIES AGAINST ) ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
City of Saluda )
Saluda WWTP 1
PERMIT NO. NCO028975 ) CASE NO. LV -2017-0101
Having been assessed civil penalties totaling $216.62 for violation(s) as set forth in the assessment document of the Division
of Water Resources dated April 04, 2017, the undersigned, desiring to seek remission of the civil penalty, does hereby
waive the right to an administrative hearing in the above -stated matter and does stipulate that the facts are as alleged in the
assessment document. The undersigned. further understands that all evidence presented in support of remission of this civil
penalty must be submitted to the Director of the Division of Water Resources within thirty (3 0) days of receipt of the notice
of assessment. No new evidence in support of a remission request will be allowed after (30) days from the receipt of the
notice of assessment.
This the
day of
TELEPHONE
SIGNATURE
20

fl
1 ,
i ATTACHMENT A
City of Saluda
CASE NUMBER: LV -2017-0101
PERMIT:, NCO028975 REGION: Asheville
FACILITY: Saluda WWTP COUNTY: Polk
LIMIT VIOLATION(S)
SAMPLE LOCATION: Outfall 001 - Effluent
Violation Report Unit of Limit Calculated % Over Violation
Date Month/Yr Parameter Frequency Measure Value Value Limit Type
Penalty
Amount
10/29/2016 10-2016 BOD, 5 -Day (20 Deg. Weekly mg/I -45 >70 55.6 Weekly $100.00
C) - Concentration Average
Exceeded

DIVISION OF WATER RESOURCES - CIVIL PENALTY ASSESSMENT (File)
Violator: City of Saluda
Facility Name: Saluda'WWTP
Permit Number: NCO028975
County: Polk
Case Number:, LV -2017-0101
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or to private property
resulting from the violation;
All effluent violations may be detrimental to the receiving stream butmay not be immediately quantified.
2) The duration and gravity of the violation;
One Weekly Average BOD exceeded the permit limit by 5 5.5 5 %.
3) The effect on ground or surface water quantity, or quality or on air quality;
All effluent violations may be detrimental to the receiving stream but may not be immediately quantified.
4) The cost of rectifying the damage;
The cost is unknown.
5) The amount of money saved by noncompliance;
The amount of money saved is unknown.
The amount of money saved would include the cost of excess solids removal and additional aeration. It
would also include more operating and maintenance time on site and the cost of additional chemical
treatment.
The amount of money saved would include the cost of collection of the additional samples and the cost of
analyzing them at a certified lab.
h). Whether the violation was committed willfully -or intentionally;
It -does not appear to be either.
7) The prior record of the violator in complying or failing to comply with programs over which the Environmental
Management Commission has regulatory authority; and
There have been no'civil penalty enforcements in the twelve months -prior to this violation.
8) The cost to the State of the enforcement procedures.
$116.62
Date
G. Landon Davidson, P.G., Reg upervisor
Water Quality Regional Operations Section
Asheville Regional Office
Division of Water Resources, NCDEQ

NPDES PERMIT NO.: NCO028975
FACILITY NAME: Saluda VAVTP
OWNER NAME: City of Saluda
GRADE: WW -2
eDMR PERIOD: 10-2016 (October 2016)
PERMIT VERSION: 4.0us.(
XERWrSTAT ctive
CLASS: WW -2 - R E C� FEW E! AUPolk LINTY:
ORC: Jason Howard Phillips "DEC 0 &:2016 ORC CERT NUMBER: 23496
ORC HAS CEMNGED: No
-CEN'oRAL IfILES STATUS: Processed
VERSION- 1.0 DW� SECTION
SAMPLING LOCATION: EFFLUENT.:.. .,DISCHARGE INTO.: '001 NO DISCHARGE*: NO
r ing Ream W-Reuse/Rerycle; ENVWTHR = No Visitation -Adverse Weather, NOFLOW = No Flow, HOLMAY = No Visitation - Holiday
Diviiil mMa r
IV6 V
0 EK 1 2 2016 6 /0/
Ou.qlitv Reoional Operations
E
50050
Continuous
Recorder
;R 4 FLOW
00010
5 X week
Cb
TEMP -C
00400
weekly
Grab
PH
50060
2 X week
Grab
ICHLORM
C03111
"
Weekly
Composite
jpOD_- C
C0610 C0530�
Weekly Weekly
Composite Corftpo;ite
NH3-N- Cone I TSS - Conc,
31616
Weekly
GraV
FCOLIDR
0036
Weekly
Grab
DO
MOO clock
Bra MOO clock
Urs
URN mtd
deg c
So
U94
mgA
mg/1
w10oml
MgA,.
1310
1.0
Y 0.034
2
0.034
3
0630
1.0
Y 0.025
23
1
26
4
10600
1.0
Y 0.063
22
-
39
2.7
011
5.8
12
5
1500
2.0
Y 0.021
22
6.7
5.28
6
0630
1.0
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21
7
1600
1.0
ly 0.029
22
8:
0.028
9
0.028
10
1 10600
2.0
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21
7
5.25
11
0600
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Y 0.042
18
28
<2
<0.1
<5
<1
12
1600
2.0
0.021
19
13
1430
1.0
Y 0.038
19
14
1000
2.0
Y 0.035
17
46
15
0.035
16
0.035
17U33
6665
1.0--_
19
6.6'
45
5.16
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20
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w
<5
12
19
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1.0
Y 0.031
21
20
11100
Lo
Y 0.025
20
21
0800
1.0
Y 0.032
21
22
0.034
23 1
1030
1.0
y 0.038
18
24
0610
2.0
y 0.015
19
43
25
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Y 0.045
117
41
>701
0.1
-5.4
2
26
11700
2.0
ly U12
18
17.1
5.18
27
10600
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17
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1600
1.0
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19
290.032
0
0.032
31
1600
Ito
Y 0.015
19
16.8
39
5.04
Monthly Average Limit 0.1
2.4
30
200
Monddy Average: 0.032419
19.636364
136.555556
19.075
.0.1575.
2,8
2.632149
5.182
Da4 Ma.iimium: 0.067
23
7.1
146
70
10.3-1
8
5.8
112
528
Wi
Daily riiamum: - 0.012
17
6.6
122
0
1 0
.0
10
5.04
r ing Ream W-Reuse/Rerycle; ENVWTHR = No Visitation -Adverse Weather, NOFLOW = No Flow, HOLMAY = No Visitation - Holiday
Diviiil mMa r
IV6 V
0 EK 1 2 2016 6 /0/
Ou.qlitv Reoional Operations

r
NPDES PERMIT NO.: NCO028975 PERMIT VERSION: 4.0 PERMIT STATUS: Active r
FACILITY NAME: Saluda WWTP CLASS: WW -2 COUNTY: Polk
OWNER NAME: City of Saluda : ORC: Jason Howard Phillips ORC CERT NUMBER: 23496
GRADE: WW -2 ORC HAS CHANGED: No
eDMRPERIOD: 10-2016 (October 2016) VERSION: 1.0 STATUS: Processed
COMPLIANCE: CONTACT PHONE #: [phone] SUBMISSION DATE: 11/29/2016
11/29/2016
ORC/Certifier Signature:achael' G tame E-Mail:rachae,[e-mail] Phone #:[phone] Date
By this signature, I certify that this report is accurate. and complete to the best of my knowledge.
The permittee shall report to the Director or the appropriate Regional Office any noncompliance that potentially threatens public health or the environment.
Any information shall be provided orally within 24 hours from the time the permittee became aware of the circumstances. A written submission shall also be .
provided within 5 days of the time the permittee becomes aware of the circumstances.
If the facility.is noncompliant, please attach a list of corrective.actions being taken and a time -table for improvements to be made as required by part II.E.6 of .
the NPDES permit. .
11/29/2016
Permittee/Submitter. Signature:* *..Rachael G as er E.-Mail:[e-mail] Phone #:[phone] Date
Permittee Address: Pearson Falls Rd SaludaNG28773 Permit Expiration Date: 07/31/2018
I certify, under penalty of law, -that this document and all attachments were prepared under my direction or supervision in accordance with a system designed
to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who managed the
system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true,
accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for
knowing violations.
CERTIFIED LABORATORIES
LAB NAME: Environmental Testing Solutions, Inc.; KACE Environmental, Inc.
CERTurIED LAB #: 600; 5424
PERSON(s) COLLECTING SAMPLES: Jason Phillips
PARAMETER CODES
Parameter.Code assistance may be obtained by calling the NPDES Unit [phone] or by visiting http://portaLncdenr.org/web/wq/swp/ps/npdes/forms. .
FOOTNOTES
Use only units of measurement designated in the reporting facility's NPDES permit for reporting data.
* No Flow/Discharge From Site: Check this box if no discharge occurs and, as a result, there are no data to be entered for all of the parameters on the DMR
for entire. monitoring period.
** ORC on Site?: ORC-must visit facility and document visitation of facility as required per 15A NCAC 8G.0204.
*** Signature of Permittee: If signed by other than the permittee, then delegation of the signatory authority must be on file with the state per 15A NCAC 2B
.0506(b)(2)(D).

a
NPD'ES PERNIIT NO.: NCO028975
FACILITY NAME: Saluda WWTP
OWNER NAME: City of Saluda
GRADE: WW -2
eDMR PERIOD: 10-2016 (October 2016)
PERMIT VERSION: 4.0
CLASS: WW -2
ORC: Jason Howard Phillips
ORC HAS CHANGED: No
VERSION: 1.0
P
PERMIT STATUS: Active
COUNTY: Polk
ORC CERT NUMBER: 23496
STATUS: Processed
Report Comments:
On 10/25/2016 the BOD was out of compliance due to an over -feed of de -chlorination agent. The De -chlorination system was upgraded and modified to correct the issue. Sample
results on 11/1/2016 showed DOD levels had returned to levels within the permitted parameters.

Permit Enforcement History Details by Owner
4/3/2017
1
Owner: City of Saluda
i
Facility: Saluda WWTP
Permit: NCO028975
Region : Asheville County Polk
LV -2007-0020
Penalty
1/19/07 $500.00
Remission ;': Enf Enf EMC EMC OAH Collection
Has
$0.00 No
Case
Assessment Penalty
MR
Enforcement
Request :., Conf Remission Hearing Remission Remission MemoSent Total
Balance Pmt
Case
Number
Approved
PP Amount
Costs
Damages Received ' Held Amount Held Amount Amount To AGO Paid
Due Plan
Closed
LV -1999-0420
10/22/99 $1,800.00
$80.00
$1,880.00
$0.00 No
12/1/99
LV -1999-0421
10/22/99 $800.00
$80.00
• $880.00
$0.00 No
1212/99
LV -2003-0551
5-2003 8/19/03 $750.00
$100.00
$0.00 $0.00
$850.00 No
7/11/06
LV -2007-0020
7-2006
1/19/07 $500.00
$126.82
$626.81
$0.00 No
2/21/07
LV -2007-0406
4-2007
11/7/07 $250.00
$70.00 $0.00
$320.00
$0.00 No
11/26/07
LV -2007-0418
5-2007
11/14/07 $250.00
$70.00 •
$320.00
$0.00 No
11/26/07
LV -2009-0094
12-2008
4/1/09 $175.00
$64.00
$239.00
$0.00 No
.4/16109
LV -2009-0162
1-2009
5/14/09 $125.00
$64.00 6/11/09., 5/1/09 $0.00
$189.00
$0.00 No
6/17/09
LV -2009-0168
2-2009
5/15/09 $300.00
$64:00 t
$364.00
$0.00 No
6/17/09
LV -2009-0268
4-2009
8/6/09 $1,562.50
$64.00
12/28/09 $1,626.50
$0.00 No
2/23/10
LV -2009-0435.
6-2009
12/11/09 $507.50
$67.00
5/7/10
$574.50 No
LV -2017-0101
10-2016
3/31/17 $100.00
$116.62
$216.62 No
LV -2008-0298 5-2008 $750.00 $70.00 $820.00 No
Total Cases: 13 Total Penalty Amount: $7,870 Total Enforcement Cosf: ' $1,036.44 Sum Of Total Paid: $6,445.31 Total Balance Due: $2,461.12
Sum of Total Case Penalties; $8,906.44 Total Penalties After Remissions: $8,906.43
z